ITEM 4. 16
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
FBD VANGUARD CONSTRUCTION, INC. FOR THE
MOSSDALE ROUNDABOUTS IMPROVEMENTS, CIP PS
22- 41
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by FBD Vanguard Construction, Inc. for
the Mossdale Roundabouts Improvements CIP PS
22- 41, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:
Capital Improvement Project ( CIP) PS 22- 41 Mossdale Roundabouts Improvements was created to improve the Towne Centre Drive / McKee Boulevard and Brookhurst Boulevard / Golden Spike Trail roundabouts, including new splitter islands, new curb ramps, resurfacing both intersections, restriping all crosswalks and enhancing existing signage. On May 16, 2022, City Council awarded a construction contract to FBD Vanguard Construction, Inc. ( FBD Vanguard) to improve both roundabouts.
Improvements at the Brookhurst Boulevard and Golden Spike Trail roundabout included restricting some on- street parking to increase the visibility of pedestrians.
At the August 8th meeting, City Council reevaluated the proposed improvements and directed staff to install new striping and delineators rather than constructing the initially approved improvements. Therefore, the Brookhurst Boulevard and Golden Spike Trail roundabout improvements were removed from FBD Vanguard' s scope.
FBD Vanguard has completed the construction of improvements to the Towne Centre Drive and McKee Boulevard roundabout ( Project). Staff has inspected the improvements and deemed these improvements complete. FBD Vanguard has submitted lien releases confirming all sub- contractors and suppliers have been paid in full and a one- year warranty bond ( based on 10% of the construction contract) for the improvements to be accepted.
Staff is requesting City Council accept the improvements constructed by FBD Vanguard for the Towne Centre Drive and McKee Boulevard roundabout, CIP PS 22- 41 and authorize the filing of a Notice of Completion with the San ] oaquin County Clerk, the release of contract retention to FBD Vanguard for $46, 875 within forty- five 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds. Additionally, staff requests that unused funds be transferred back into the TDA- LTF Street & Roads Fund ( 2140).
CITY MANAGER' S REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY FBD VANGUARD
CONSTRUCTION, INC. FOR THE MOSSDALE ROUNDABOUTS IMPROVEMENTS, CIP PS 22- 41
BACKGROUND:
The Mossdale Roundabouts Improvements, CIP PS 22- 41, was created to improve the Towne Centre Drive / McKee Boulevard roundabout and Brookhurst Boulevard / Golden Spike Trail roundabout located near the Mossdale Elementary School.
These improvements included the construction of new splitter islands, new curb ramps, resurfacing both intersections, restriping all crosswalks, and enhancing existing signage. On May 16, 2022, City Council awarded a construction contract to FBD Vanguard for improvements to both roundabouts. The awarded contract was for 971, 442, which included a 10% construction contingency of $ 97, 144, for a total construction budget of $ 1, 068, 600.
Improvements at the Brookhurst Boulevard and Golden Spike Trail roundabout involved restricting some on- street parking to increase the visibility of pedestrians.
At the August 8th meeting, City Council reevaluated the proposed improvements and directed staff to install new striping and delineators rather than constructing the originally approved improvements. Therefore, the Brookhurst Boulevard and Golden Spike Trail roundabout improvements were removed from FBD Vanguard' s scope.
During construction, significant revisions to the original bid quantities were needed to complete the improvements at the Towne Centre Drive / McKee Boulevard roundabout. This resulted in change orders that included removing the concrete polymer topping and an augmentation of the scope of work to aptly construct the center apron, sidewalk, and raised splitter islands. Consequently, most of the planned project funding was budgeted towards constructing the Towne Centre Drive / McKee Boulevard roundabout improvements.
A summary of the construction costs is described below for all the expenditures associated with the ultimate scope of work:
A. Original Construction Contract 971, 443
B. Sum of Change Orders 33, 951 )
Total Construction Cost 937, 492
Upon acceptance of the improvements, the performance bond ( Bond No. 107620637, 971, 442. 30) and payment bond ( Bond No. 107620637, $ 971, 442. 30) will be released and replaced with a one- year warranty bond ( Bond No. 107620637, $ 93, 749). The one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements. FBD Vanguard has also provided the necessary lien releases for the materials supplied and completed work.
CITY MANAGER' S REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY FBD VANGUARD
CONSTRUCTION, INC. FOR THE MOSSDALE ROUNDABOUTS IMPROVEMENTS, CIP PS 22- 41
Staff requests that City Council accept the improvements constructed by FBD Vanguard for the Mossdale Roundabouts Improvements, CIP PS 22- 41. Staff also requests that City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to FBD Vanguard for $46, 875 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds. Staff requests that unused funds be transferred back into the TDA- LTF Street & Roads Fund ( 2140).
REASON FOR RECOMMENDATION:
FBD Vanguard has completed the Project, staff has inspected the improvements and they have been deemed complete in accordance with the approved plans and specifications by the City Engineer. The City Council' s acceptance of these improvements and authorization to file a Notice of Completion will allow the release of retention to FBD Vanguard as required by the City Municipal Code.
The performance bond ( Bond No. 107620637, $ 971, 442. 30) and payment bond Bond No. 107620637, $ 971, 442. 30) will be released and replaced with a one- year warranty bond ( Bond No. 107620637, $ 93, 749) upon City Council' s acceptance of the improvements. The warranty bond covers any repairs or replacements necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements. FBD Vanguard has also provided the necessary lien releases for the materials supplied and completed work.
FISCAL IMPACT:
The final construction contract amount for CIP PS 22- 41 is for $ 937, 492. Adequate funds have been allocated in the FY 2022/ 23 budget to close out the project. With the completion of this Project, staff requests that unused funds be transferred back into the TDA- LTF Street & Roads Fund ( 2140).
ATTACHMENTS:
A. Resolution Accepting Public Improvements Constructed by FBD Vanguard Construction, Inc. for the Mossdale Roundabouts Improvements, CIP PS 22- 41, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds B. Notice of Completion - Mossdale Roundabouts Improvements, ( CIP) PS 22- 41 C. Project Location Map - Mossdale Roundabouts Improvements, ( CIP) PS 22- 41 CITY MANAGER' S REPORT PAGE 4
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY FBD VANGUARD
CONSTRUCTION, INC. FOR THE MOSSDALE ROUNDABOUTS IMPROVEMENTS, CIP PS 22- 41
APPROVALS:
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Ange arca Date
Assistant Engineer
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Ken Reed Date
Senior Construction Manager
I d 2' t/ 2022
Bra aylor Date
City Engineer
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Cari James Date
Finance Director
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Michael King Date
Assistant City Manager
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Salvador Navarrete Date
City Attorney
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Step n J. Salvatore Date
City Manager
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING
PUBLIC IMPROVEMENTS CONSTRUCTED BY FBD VANGUARD
CONSTRUCTION, INC. FOR THE MOSSDALE ROUNDABOUTS IMPROVEMENTS, CIP PS 22- 41, AUTHORIZE THE FILING OF A NOTICE OF COMPLETION,
RELEASE OF CONTRACT RETENTION, AND RELEASE OF PERFORMANCE AND
PAYMENT BONDS
WHEREAS, Capital Improvement Project ( CIP) PS 22- 41 Mossdale Roundabouts Improvements was created to improve the Towne Centre Drive / McKee Boulevard and Brookhurst Boulevard / Golden Spike Trail roundabouts, including new splitter islands, new curb ramps, resurfacing both intersections, restriping all crosswalks and enhancing existing signage; and
WHEREAS, on May 16, 2022, City Council awarded a construction contract to FBD Vanguard Construction, Inc. ( FBD Vanguard) in the amount of $ 971, 442 and a 10% construction contingency of $ 97, 144 was authorized for staff to use as necessary to achieve the goals of the Project; and
WHEREAS, improvements at the Brookhurst Boulevard and Golden Spike Trail roundabout included restricting some on- street parking in order to increase the visibility of pedestrians; and
WHEREAS, at the August 8, 2022 meeting, City Council reevaluated these improvements and decided to remove the installation of raised splitter islands, Type II microsurfacing, and construction of additional curb and sidewalk extensions.
Instead, staff was directed to install new striping and delineators; and WHEREAS, the Brookhurst Boulevard and Golden Spike Trail roundabout improvements were removed from FBD Vanguard' s scope of work; and WHEREAS, during construction, significant revisions to the original bid quantities were needed to complete the improvements at the Towne Centre Drive / McKee Boulevard roundabout, resulting in change orders that included removing the concrete polymer topping and an augmentation of the scope of work to aptly construct the center apron, sidewalk, and raised splitter islands; and WHEREAS, most of the original project funding was budgeted towards constructing the Towne Centre Drive / McKee Boulevard roundabout improvements; and
WHEREAS, FBD Vanguard has completed the Project, staff has inspected the improvements to the Towne Centre Drive roundabout and they have been deemed complete in accordance with the approved plans and specifications by the City Engineer; and
WHEREAS, FBD Vanguard has provided the necessary lien releases for the materials supplied and completed work and a one- year warranty bond ( based on 10% of total project cost) for the improvements being accepted; and WHEREAS, the performance bond ( Bond No. 107620637, $ 971, 442. 30) and payment bond ( Bond No. 107620637, $ 971, 442. 30) will be released and replaced with a one- year warranty bond ( Bond No. 107620637, $ 93, 749) upon City Council' s acceptance of the improvements; and
WHEREAS, the one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, staff requests that City Council accept the public improvements constructed by FBD Vanguard for the Mossdale Roundabouts Improvements, CIP PS 22- 41 and request that the unused funds be transferred back into the TDA- LTF Street Roads Funds ( 2140); and
WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to FBD Vanguard in the amount of $ 46, 875, within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by FBD Vanguard Construction, Inc. for the Mossdale Roundabouts Improvements CIP PS 22- 41; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to FBD Vanguard Construction, Inc., in the amount of $ 46, 875, within forty- five ( 45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds.
The foregoing resolution was passed and adopted this 14th day of November 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHM IMT
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment of recording fees( GC 11922)
SPACE ABOVE THIS LINE FOR RECORDER' S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:
NAME STREET AND NO. CITY STATE
City of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co- owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of title or the stated owner, or if more than one owner, then of the stated owner and co- owners is:
Project No. CIP PS 22- 41 Mossdale Roundabouts Improvements bv FBD Vanguard Construction, Inc.
4. That on the 14th day of November 2022 a work of improvement on the real property herein described was completed.
5. That the name of the original contractor, if any, for said work of improvement was: FBD Van uard Construction, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
FBD Vanguard Construction, Inc. 550 Greenville Rd Livermore CA 94550
7. That the real property herein referred to is situated in the Citv of Lathrop County of San Joaquin, State of California, and is described as follows:
Project No. CIP PS 22- 41 Mossdale Roundabouts Improvements
CITY OF LATHROP
By:
Stephen J. Salvatore, City Manager Date
That the undersigned has knowledge of the contents herein and states under penalty of perjury that the foregoing is true and correct.
By:
Teresa Vargas, City Clerk Date
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated November 14, 2022 by FBD Vanguard Construction, Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by minute action of the City Council adopted on November 14, 2022, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
ATTACHMENT
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